The Chief Election Commissioner and Other Election Commissioners Bill 2023

Why in news?

Recently, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was introduced in Rajya Sabha.

What are the key features of the bill?

• Repeal- It repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• Appointment- It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.
• Selection Committee- The Selection Committee will consist of
  • Prime Minister as Chairperson
  • Leader of the Opposition in Lok Sabha as member,
  • Union Cabinet Minister nominated by the Prime Minister as member.
• If the Leader of Opposition in Lok Sabha has not been recognised, the leader of the single largest opposition party in Lok Sabha will assume the role.
• Search Committee- A Search Committee will prepare a panel of 5 persons for the consideration of the Selection Committee.
• The Search Committee will be headed by the Cabinet Secretary. 
• It will have 2 other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections. 
• The Selection Committee may also consider candidates who have not been included in the panel prepared by the Search Committee.
• Eligibility for CEC and EC-
  • Persons who are holding or have held posts equivalent to the rank of Secretary to the Central Government  and
  • Persons having expertise in managing and conducting elections.
• Salary and allowances - The Bill provides that salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.
• Term of office - The Bill retains the same tenure as mentioned in the 1991 Act. Also, the CEC and other ECs will not be eligible for re-appointment.
• Conduct of business- All business of the Election Commission is to be conducted unanimously.
•  In case of difference of opinion between the CEC and the other ECs on any matter, it shall be decided through majority.
• Removal - The Bill retains the earlier removal procedure.
• Resignation- The Bill has the same provision of the 1991 Act in which the CEC and other ECs may submit their resignation to the President.

In Anoop Baranwal vs Union of India, the Supreme Court ruled that the appointment of the CEC and EC by the President will be based on the advice of a 3-member high-level committee (Prime Minister, Leader of Opposition in Lok Sabha, and Chief Justice of India)

What are the implications of the move?

• Pros - It proposes a search committee, headed by the Cabinet Secretary, with 2 other members to prepare a panel of 5 members for the consideration of the Selection Committee.
• Another positive feature of the Bill is that prescribing the qualifications for appointment to the posts.
• Cons - The composition of the Selection Committee in the Bill raises questions on whether the process is now independent or still rigged in favour of the Executive.
• With the PM and a Cabinet Minster nominated by the PM in the three-member panel, the LoP is outvoted even before the process begins.

References

1. Indian Express- Explained the features of the bill
2. The Hindu- Government lists bill in Rajya Sabha
3. PRS- Key highlights of the bill